Rajbir Singh vs Ashok Kumar
2009 Latest Caselaw 3654 Del

19
*       IN THE HIGH COURT OF DELHI AT NEW DELHI


                       +    MAC.APP.No.292/2006

%                               Date of decision: 9th September, 2009

      RAJBIR SINGH                                   ..... Appellant
                           Through : Mr. Pramod Kumar Kharwar,
                                     Mr. Santosh Chaurihaa and
                                     Mr. Binod Agarwal, Advs.
                      versus

      ASHOK KUMAR                                      ..... Respondent
                           Through : Mr. J.P.N. Shahi, Adv. for R - 2


CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?               NO

3.      Whether the judgment should be                       NO
        reported in the Digest?


                            JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.1,07,071/- has been

awarded to the appellant. The appellant seeks enhancement of

the award amount.

2. The accident dated 26th September, 2001 resulted in the

grievous injures to the appellant. The appellant suffered 41%

permanent disability due to the fracture of both bones and

shortening of right leg.

3. The learned Tribunal has awarded Rs.31,200/- towards the

loss of earning, Rs.25,000/- towards the disability, Rs.25,871/-

towards the medical expenses, Rs.10,000/- towards the special

diet and conveyance, Rs.5,000/- towards the loss of amenities of

life and Rs.10,000/- towards the pain and sufferings. The total

compensation awarded to the appellant is Rs.1,07,071/-.

4. The learned counsel for the appellant submits that the

learned Tribunal has not taken the permanent disability into

consideration and has awarded compensation treating it as

temporary disability. The learned counsel further submits that

the certificate with respect to the permanent disability of the

appellant has been received after the award of the learned

Tribunal. The permanent disability certificate has been produced

before this Court. The photocopy of the same has been retained

and the original has been returned back to the appellant.

5. Considering 41% permanent disability, the compensation

for pain and sufferings is enhanced from Rs.10,000/- to

Rs.40,000/-. The compensation for loss of amenities of life is

enhanced from Rs.5,000/- to Rs.40,000/-. Considering the

condition of the appellant, the compensation for conveyance is

also enhanced from Rs.10,000/- to Rs.20,000/-. The

compensation under the other heads is just, fair and reasonable

and does not call for any interference.

6. The appeal is allowed. The award amount is enhanced from

Rs.1,07,071/- to Rs.1,82,071/- (Rs.31,200 + Rs.25,000 +

Rs.25,871 + Rs.20,000 + Rs.40,000 + Rs.40,000). The learned

Tribunal has awarded interest @ 9% per annum which is not

disturbed on the original award amount of Rs.1,07,071/-.

However, on the enhanced award amount, the rate of interest

shall be @ 7.5% per annum.

7. Respondent No.2 is directed to deposit enhanced award

amount along with interest with the learned Tribunal within 30

days.

8. Upon the aforesaid deposit being made, the learned

Tribunal is directed to release 50% of the award amount to the

appellant and the remaining 50% be kept in the fixed deposit for

a period of five years on which monthly interest be released to

the appellant.

9. No loan, advance or withdrawal be permitted without the

permission of the learned Tribunal

9. Copy of this order be given 'Dasti' to learned counsel for

both the parties under the signature of Court Master.

J.R. MIDHA, J

SEPTEMBER 09, 2009 mk